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SALT LAKE CITY — A new conversion therapy rule proposed by Gov. Gary Herbert has the support of both LGBT advocacy groups and The Church of Jesus Christ of Latter-day Saints.
Herbert has directed the Utah Division of Occupational and Professional Licensing to file a new rule banning conversion therapy for minors, the governor’s office said Tuesday night. The new rule will use language from a House bill that did not pass in the 2019 legislative session.
How best to address the practice of conversion therapy in Utah — and whether stakeholders would be able to find enough common ground to address it at all — is a question the state has grappled with in recent years. But with Tuesday’s announcement, it appears some agreement has been reached.
“I have learned much through this process,” Herbert said in a statement Tuesday. “The stories of youth who have endured these so-called therapies are heart rending, and I’m grateful that we have found a way forward that will ban conversion therapy forever in our state.”
An earlier proposed licensing rule to address the issue — also crafted at the request of the governor after the House bill failed to pass — was opposed by the church on the grounds that it did not protect therapists who are parents, grandparents, or religious leaders from losing their license if they give spiritual, religiously based counsel.
HB399, which was not opposed by The Church of Jesus Christ of Latter-day Saints, did include those protections. The bill, which resembled similar laws passed in 16 other states, would have made it illegal for licensed therapists and health professionals to attempt to change or “fix” a minor’s sexual orientation or gender identity.
But before HB399 came to a vote, it was replaced by a substitute bill that eventually died, leaving the issue of conversion therapy unaddressed by the Legislature. The new rule now has the support of Rep. Craig Hall, R-West Valley City, the sponsor of HB399.
Marty Stephens, director of government relations for the church, described the proposed rule as “a good solution which will work for all concerned.”
“We are opposed to conversion therapy and our therapists do not practice it,” Stephens said in a statement Tuesday. “However, we are grateful for the clarifications the new rule provides, and we support its adoption.”
LGBT advocacy organizations including Equality Utah also applauded the development.
“On this Thanksgiving week, I’m grateful that this new rule will protect Utah’s LGBTQ+ children and minors by banning conversion therapy,” said Stephenie Larsen, CEO of Encircle, in a statement. “We fully support its adoption, and believe this is the best way forward.”
The rule will be published on Dec. 15, the governor’s office said. After a 30-day public comment period ending Jan. 14, the new rule could be effective as soon as Jan. 22.
“Of course, there is still a lot of work to do, and we are not at the finish line yet,” noted Equality Utah Executive Director Troy Williams in a newsletter sent out Tuesday night.
The Division of Occupational and Professional Licensing received 2,465 comments during the public comment period for the earlier draft of the rule, according to the governor’s office.
“I’m very proud of the Psychologist Licensing Board, and all involved boards, for their dedicated work on this topic,” said Francine Giani, executive director of the Department of Commerce, which houses the Division of Occupational and Professional Licensing, in a statement. “Their excellent work laid the foundation to bring stakeholders together, and enabled them to rally around the carefully crafted and effective language of H.B. 399.”
